The provisions of this article shall apply to all structures,
uses and lots existing on the effective date of this chapter, to all
structures, uses and lots that may become nonconforming or noncomplying
by reason of any subsequent amendment to this chapter and the Zoning
Map which is a part thereof, and to all complying structures housing
nonconforming uses.
Except as otherwise provided in this article, the lawful use
of any building, structure or land existing at the time of the adoption
of this chapter or any applicable amendment thereto may be continued,
although such use does not conform to the provisions of this chapter.
No existing building or structure, whether a noncomplying building
or structure or devoted to a nonconforming use, shall be enlarged,
extended, reconstructed or structurally altered except as follows:
A. Restoration. Any noncomplying building or structure or building or
structure housing a nonconforming use which as a result of fire, explosion
or other casualty has less than 50% of its existing floor area made
unsafe and/or unusable may be restored, reconstructed or used as before,
provided that the bulk, height and area requirements shall not be
in excess of that which existed prior to said damage. Such restoration
must be commenced within six calendar months and completed within
two calendar years of such occurrence or the use of such building,
structure or land as a legal nonconforming use shall thereafter be
terminated. Abandonment shall only apply to nonconforming uses that
were carried on in structures that are architecturally designed to
be consistent with a permitted use.
B. Extension and displacement. A nonconforming use shall not be extended,
but the extension of a lawful use to any portion of a noncomplying
building or structure which existed prior to the enactment of this
chapter shall not be deemed the extension of such nonconforming use.
No nonconforming use shall be extended to displace a conforming use.
C. Unsafe structures. Any noncomplying building or structure or portion
thereof or building or structure housing a nonconforming use, declared
unsafe by a proper authority, may be restored to a proper condition
within the time period provided by such authority.
D. Alterations and repairs.
(1) A noncomplying building or structure for other than residential purposes
or a building or structure housing a nonconforming use may not be
reconstructed or structurally altered during its life to an extent
that such alterations exceed in aggregate cost 50% of the full valuation
of the building or structure, exclusive of the value of land, unless
said building or structure is changed to a conforming use. A nonconforming
building or structure containing residential use may be altered in
any way to improve interior livability, provided that no structural
alteration shall be made which would increase the nonconformity with
regard to the number of housing units or the bulk of the building
or structure. Within the Greenway Corridor Overlay (GW-O) Zone modifications,
alterations and repairs to incorporate floodproofing measures shall
be permitted, provided such measures do not raise the water level
of the one-hundred-year flood.
(2) Normal maintenance repairs and incidental alteration of a noncomplying
building or structure containing a nonconforming use shall be permitted,
provided that said repairs and alterations do not extend the volume
or area of space occupied by the nonconforming use.
E. Change of use.
(1) With prior approval of the Zoning Board of Appeals, a nonconforming
use of a structure may be changed to another nonconforming use of
an equal or more restricted classification, provided that no structural
change, enlargement, extension or reconstruction is made.
(2) A nonconforming use may be changed into a conforming use.
(3) When a nonconforming use is changed to a conforming use or a more
restricted nonconforming use, the use of the structure, building or
land shall not thereafter be changed into a nonconforming use or a
less restricted use.
F. Prior approval. Nothing herein contained shall require any change in the plans, construction or designated use of a building complying with existing laws, a building permit for which had been duly granted before the date of enactment of this chapter or any applicable amendment thereto, provided that said building shall be completed according to such plans as filed within two calendar years from the effective date of this chapter. Further, nothing contained herein shall abrogate any area variance or use variance issued by the Zoning Board of Appeals under Chapter
250, Zoning, of the City of Amsterdam, New York, as superseded by this chapter, provided that:
(1) The specific dimensional relief granted through area variance is
vested through either incorporation in building plans heretofore filed
with the City Building Inspector or which shall be so incorporated
within nine calendar months from the effective date of this chapter
and related construction is completed in conformance with other applicable
laws, rules and regulations within two calendar years from the effective
date of this chapter.
(2) The specific relief granted through the use variance is vested through
initiation of the designated use of a building, buildings and/or land
within two calendar years from the effective date of this chapter,
such use or occupancy occurring in conformance with all other applicable
laws, rules and regulations.
G. Relief from the restrictions of this section may be granted by the Planning Commission by special use permit upon application made with notice to all surrounding property owners of the land involved in the special use permit within 200 feet or such additional distances as the Planning Commission may deem advisable. Relief shall be granted if the proposed activity will enhance property value in the area, including the value of the improvement to the nonconforming property, and/or provide increased economic activity that will not significantly burden the surrounding area. In addition, the Planning Commission shall consider the factors set forth in §
250-53. However, noncompliance with §
250-53C and/or §
250-53F alone shall not preclude the granting of a special use permit.